STATE v. SWIMM

No. 8418SC458.

328 S.E.2d 307 (1985)

STATE of North Carolina v. Richard Mark SWIMM.

Court of Appeals of North Carolina.

April 16, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Lucien Capone III, for the State.

Asst. Public Defender Frederick G. Lind, for appellant.


JOHNSON, Judge.

Defendant contends the sentence should be vacated and a resentencing hearing required because (1) the record affirmatively discloses that the trial judge imposed a sentence greater than the presumptive term because of his dissatisfaction with the length of time a prisoner is required to serve under the Fair Sentencing Act, and (2) that the court erred by failing to find defendant's good prison conduct as a mitigating factor.

In support of his...

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